TZ Manor, LLC et al v. Daines et al
||TZ Manor, LLC, Pondview Corp. and Parkfield Properties
||Richard F. Daines, M.D., Robert P. Dougherty, Judith R. Mooney and Marybeth Fader
||April 11, 2016
||US District Court for the Southern District of New York
||White Plains Office
||Kenneth M. Karas
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
||28 U.S.C. § 1331
|Jury Demanded By:
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|September 27, 2017
OPINION & ORDER re: 21 FIRST MOTION to Dismiss Corrected Case No. filed by Richard F. Daines, M.D., Marybeth Fader, Robert P. Dougherty, Judith R. Mooney. For the foregoing reasons, Defendants Motion To Dismiss is granted. In the co ntext of a non-ripe claim, "[a]lthough a dismissal without prejudice would typically be appropriate, Plaintiff[s'] time to seek just compensation has passed, and therefore [their] claim can never be ripe.... [T]he statute of limitation s to commence an Article 78 proceeding is four months. And at most, Plaintiff[s] would be entitled to a three-year statute of limitations, which has also passed." Qing Dong v. Town of North Hempstead, No. 13-CV-255, 2013 WL 6407724, at *4 (E. D.N.Y. Dec. 9, 2013) (citation omitted); see also Vandor, 301 F.3d at 39 ("[The plaintiff] does not say how [his claim] can ever ripen. Since Article 78 is constitutionally sufficient... we may therefore dismiss the claim with prejudice." ).) Accordingly, Plaintiffs' claim is dismissed with prejudice. The Clerk of Court is respectfully requested to terminate the pending Motion, (see Dkt. No. 21 ), and close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/27/2017) (anc)
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